Court No. - 6
Case :- WRIT - C No. - 30250 of 2021 Petitioner :- Mukesh Chaurasia Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Prakash Sharma Counsel for Respondent :- C.S.C.
Hon'ble Rajiv Joshi,J.
Heard Sri Prakash Sharma, learned Counsel for the petitioner, learned Standing Counsel for the State respondents and perused the record.
The instant writ petition under Article 226 of the Constitution of India has been filed for the following relief:-
"I. Issue a writ order or direction in the nature of mandamus directing the respondent no.2, Tehsildar, Tehsil Deoria to decide the case No.08435 of 2018, computerized case no.T201805200108435 (Mamni Vs. Rukmeena), under Section 34/35 of U.P. Revenue Code, 2006 as early as possible within a stipulated period."
Learned Counsel for the petitioner submits that mutation application was filed by the petitioner on 04.07.2009 for mutating his name on the basis of registered sale-deed dated 26.03.2009 executed by Smt. Rukmeena Devi in his favour in which an objection was also filed by the respondent no.3 but the said proceeding has not been concluded till date. He further states that the proceedings are unnecessarily being held up although the evidence of parties have already been concluded long ago.
Learned Standing Counsel states that no useful purpose will be served in calling for counter affidavit and keeping the writ petition pending as he has no objection in case a direction is issued to respondent no.02 to decide the matter of the petitioner within the time fixed by the Court.
Considering the facts and circumstances of the case, without going into its merit and with the consent of the parties, the writ petition is disposed of with a direction to the respondent no.2, Tehsildar, Tehsil Deoria to decide the case No.08435 of 2018, computerized case no.T201805200108435 (Mamni Vs. Rukmeena), under Section 34/35 of U.P. Revenue Code, 2006 pending before it expeditiously, in accordance with law, with due notice to affected parties, preferably within a period of six months from the date of production of a certified copy of this order if there is no legal impediment.
The Writ Petition is, accordingly, disposed off. No order as to costs.
Order Date :- 20.12.2021 S.P.